Calif. Assembly passes cell-phone privacy bill

Published 3:52 pm, Monday, August 22, 2011

Photo: Lea Suzuki, Special To The Chronicle

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Ryan Perez of San Francisco sends a text on his cell phone on Thursday, February 18, 2010, in San Francisco, Calif. State Sen. Mark Leno is introducing a bill designed to give consumers more information about how much radiation their cell phones emit. less

Ryan Perez of San Francisco sends a text on his cell phone on Thursday, February 18, 2010, in San Francisco, Calif. State Sen. Mark Leno is introducing a bill designed to give consumers more information about ... more

Photo: Lea Suzuki, Special To The Chronicle

Calif. Assembly passes cell-phone privacy bill

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Sacramento -- The state Assembly unanimously approved a bill Monday that would force law enforcement officers to secure a warrant before they can search the contents of a cell phone.

The measure has changed slightly since it was approved by the state Senate last month, so the upper house must weigh in again before the bill heads to the desk of Gov. Jerry Brown. If he signs it into law, it would overturn a January state Supreme Court ruling that allowed officers to search the contents of a cell phone they take from anyone they arrest.

"This will not interfere with the legitimate needs of police," Knight said as he presented the bill Monday. "All established exceptions that currently exist will still apply."

That means police will be able to search a phone without a warrant if they believe they need to do so to prevent injuries, stop the destruction of evidence or prevent a crime from occurring. The measure was supported by civil liberties groups, including the First Amendment Coalition, the American Civil Liberties Union and the California Newspaper Publishers Association, which co-sponsored the bill.

Ron Cottingham, president of the largest public safety organization in California - the Peace Officers Research Association - said that the changes did alleviate some of his group's concerns, but that police still oppose the measure.

"There are circumstances where it's just not practical to get a search warrant, no matter how expedited the process is in that county," he said. "We still believe that the California Supreme Court was correct, and that subsequent to an arrest (searching a cell phone) is appropriate."

Supporters contend the proposal simply catches state law up with changing technologies. Knight noted that "limitless personal data" can be stored on smart phones, making a search of those devices "more akin to searching one's bedroom or desk at the office."

The bill's author, Sen. Mark Leno, D-San Francisco, added that the vote proves that "privacy is not a partisan issue in this Legislature."

"If you are caught with a laptop, they need a warrant. If they come to your home for some reason, they can't walk into your bedroom, personal office or look at your computer without a warrant," Leno said. "Everything inside your phone requires a warrant wherever else it can be found, so why should the smart phone be different?"

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